John Chiv: July 2024

Jul 31, 2024

21 years and 8 months in prison for Gregory Mattox

Arcata Police Department arrested Gregory Mattox for murder in July 2023. A jury convicted him of voluntary manslaughter. Today, Judge Kaleb Cockrum sentenced Mattox to 21 years and 8 months in prison.

Today, the DA finally filed charges for John Provolt's arrest on sex abuse charges. Arraignment is listed for 7/3/24 which obviously is a typo or mistake. When I brought that to the attention of Humboldt Superior Court admin, I was told that is the date given by the DA and they have not been asked to fix it but they will when requested.

The DA's complaint and charges are slightly different than the booking charges. Provolt is charged with four counts of PC 288 (a) lewd or lascivious acts with a minor, two counts of PC 269 (a) (1) aggravated sexual assault of a child and one special allegation PC 667.61 (j) (2) is part of California's "one-strike law" and applies to serious and violent sex crimes that have aggravating factors.

Alleged molestor Gary Landergen is charged with 4 counts. Count 1 is PC 243 (e) (1) sexual battery; alleged victim Jane Doe 1. Count 2 is PC 243 (e) (1) alleged victim Jane Doe 2. Count 3 is PC 647.6 (a) (1) child molesting and Count 4 PC647.6 (a) (1) child molesting. These are amended charges granted on 7/29/24.

I just did a post two days ago on alleged molestor Gary Landergen's trial which has the detailed amended complaint.

There was a 402 hearing this morning to determine if DA Investigator would be designated as an expert. He is one of the key witnesses for the People in the Gary Landergen trial.

Very sad to hear about former EPD police chief Murl Harpham's passing away earlier today. I have so many memories of him. He was one of my favorite EPD police chiefs but more than that a decent, kind person and an experienced professional. My condolences to his family, especially his son Det. Ron Harpham who has carried on his father's legacy and service to this community.

64 year old Ernest Paul Gruetzmacher was arrested yesterday on a warrant by Eureka Police Department for PC 664/287(c)(2) attempted forcible oral copulation and PC 243.4(d) aggravated battery causing serious bodily injury. He posted bond. The arrest warrant was issued on July 8, 2024.

The alleged victim in this case was "institutionalized for medical treatment and was seriously disabled and medically incapacitated." Arraignment is on 8/29.

Over 35 law enforcement, probation, tribal officers and mental health service providers in Humboldt complete CIT training

Over 35 law enforcement, probation and tribal officers along with mental health service providers from agencies across the county participated in a five-day Crisis Intervention Team (CIT) training to learn strategies to better respond to people experiencing mental health crises.

(Roy Gomez)

I reported on July 12, there was a sign saying new dispensary coming soon under new ownership. I contacted Gomez and he never responded. On July 23, I confirmed with the City of Eureka and there aren't any active business licenses at 103 5th St. This is the location of Roy Gomez' former dispensary, Heart of the Emerald on 5th street in Eureka.

The last time I saw Gomez was at the courthouse speaking with Ms. Cyndy Day-Wilson. There were two other lawsuits involving Gomez I originally reported on in January and I did an update in May about a settlement and dismissal.

With all the cases I am already following, the challenges to get details and court updates and the fact that none of this time and extra details is something I am compensated for; keeping up with Gomez and all the lawsuits he is filing is the least of my priorities. Court documents and case numbers are included and anyone is free to go do their own follow up and research.

The latest in Gomez' court battles is that he is not paying attorney fees according to Ms. Cyndy Day Wilson and there is a breakdown in communication. More dismissals and ongoing lawsuits with Juan Diaz which includes Heart of the Emerald in Eureka and Arcata.

Failed candidacy, failed lawsuits, failed business. City of Eureka did not do this to you Roy. Where are all your CBE buddies now? They have no use for you now and you are about to find out just how fake, two faced and disloyal a certain segment of Humboldt can be. It is business and politics, as usual, in Humboldt. Roy railed against Eureka City Councilmembers and who the Citizens for a Better Eureka were praising on Facebook. I was getting "anonymous" tips to cover what Roy was claiming all over town. I didn't take the bait because I suspected the agenda. The tips were not from Roy.

At one time, this is what Roy Gomez said about me.

I have been adding updates to the December 2023 post for this lawsuit Noah Sidoff filed against Royal Inn. Yesterday, I finally had time to check what happened at the July 5 hearing. As previously reported a few times, Michael Acosta is no longer eligible to practice law. He was a no show on July 5 but managed to file paperwork as real party of interest. Some of his filings on July 5 you cannot even read because Acosta's printer or the device belonging to whoever printed it for him is out of ink. Acosta's proof of service is from a convicted and repeat criminal Bret Swortzel who is a former client of Acosta's.

Readiness conference-Trial setting is scheduled for 9/13. 9/16, 9/17 and 9/18 are dates scheduled for a three day trial.

You can read July 5 court minutes, an amended pretrial conference statement from Royal Inn's attorneys and take a look at Acosta's filings.

The lawsuit involves a multi-family housing unit in McKinleyville and alleges the County failed to comply with regulation and maintain a drainage channel and storm drains on County property causing extensive flooding on the Yurok Indian Housing Authority.

You can read more details provided in the court documents. Relief sought includes $55,000 in compensatory damages; permanent injunction preventing the County from interfering with Yurok Indian Housing Authority "use and enjoyment of property" and attorney fees.

The lawsuit was filed on 7/17/24 and there is a Case Management Conference scheduled for 1/13/25.

Why did the Yurok Tribe chose to hire Ms. Cyndy Day-Wilson. Her track record of losses in the local courts have been documented on this blog. The Wiyot Tribe hired Ms. Siena Kalina from Berkey Williams LLP. She is an excellent attorney, capable and unlike the Yurok Tribe, at least the Wiyot Tribe choice of attorney supports someone also well versed in American Indian law with tribal affiliations.

Where is DA Stacey Eads?

Where is Stacey Eads? I have had many people, including local attorneys and people who deal with the courthouse ask me. Some knew former DA Maggie Fleming is back in the office working on special projects which I reported on my blog. Some asked me, "why is she back? Can Stacy not do her job?" Others noted that even Ms. Fleming was on the 2nd floor but where is Stacey Eads?

I have yet to see Ms. Eads on the 2nd floor. Leaving your team and prosecutors to fend for themselves? Where is DA Investigator Steve Dunn? He isn't visible either after the Sam Williams case. The people elected Ms. Eads but are the Board of Supervisors who do have a say over department heads so negligent and arrogant that they allow complete unprofessionalism and mismanagement of the office. I am not going to go over the reasons why. My regular readers know. They talk to me, they read the posts and they are paying attention.

Are Rexy and Bushnell covering for their buddies at the DA's office just like they do for Sheriff Billy Honsal? Those two useless Supervisors funded by the good ole boys and the Humboldtia cabal who supports them are the problem this county and hardworking, talented, competent people are constantly struggling.

In private industry anywhere else, Stacey Eads would be fired for her disastrous performance. Only in Humboldtia, she can be MIA, earn PERS, get paid and her bosses not question her continued disaster of running the DA's office. After all, it isn't their money. They have the nerve to raise taxes when they have shown over and over again they are incapable of leadership and being stewards of the taxpayers' hard earned money.

Speaking of County leadership, Humboldt Deputy County Counsel Vince Uberti who appears on CWS cases is leaving and one reason is the abysmal health care in Humboldt. That is one reason many private local employers have shared with me in retention of quality employees.

"Both the DA and EPD owe it to the public to release this name of a repeat offender and stop creating hurdles in transparency. "

The theft of the pride flag occurred on June 14, 2024. EPD was informed on June 18, 2024. EPD has a suspect, they saw the suspect, issued a press release. Then forwarded to DA for a warrant. EPD refuses to release any information until the DA issues a warrant. I have no idea why EPD is doing that; the DA has refused to respond to any messages for months. I had to do a PRA request to get a response because the current DA is petty and unprofessional. I used to hear back from former DA Maggie Fleming and even current DA.

Asking me for a report number, dob when I dont even have the name of the suspect is bs. I am tired of these unprofessional games from the DAs office. In this one instance, I have no idea why EPD Chief Brian Stephens cannot release the name to the public of a man who is on probation and allegedly committed another crime which he confessed to, according to EPD.

The latest message from the County is a delay tactic and unprofessional. If I were one of Sean Quincey's media buddies or Rexy approved media tools, I would not even have to open a PRA request. The County knows when the pride flag was stolen. The DA knows. Now they have a time period from me. There is no reason not to give me the suspect's name. DA Eads has been allowed to thumb her nose when she wants to with certain media and the public. I am not her boss. The Board of Supervisors are. Since EPD has never withheld information before, I suspect there is a reason this person is being protected or the County screwed up. It took 4 days for EPD to be informed.

Or is it incompetence, arrogance or all the above from the same unprofessional insiders because the good ole boys and gals in this County are incapable of recognizing, retaining competent people. They like sycophants and media tools who don't question them and keep their incompetent, greedy selves in power. Simple answer that should take 2 minutes dragging on for weeks.

The deadline for the PRA has long passed. I am not contacting the DA and wasting more time. Both the DA and EPD owe it to the public to release this name of a repeat offender and stop creating hurdles in transparency. No other media has bothered to follow up and once again in the DAs case, she is targeting and hindering me in reporting. Who is really in charge of that office. A former employee told me a while back,"Mags is running the joint."

Since my recent post on alleged molestor Gary Landergen's jury trial last week, there was a discussion on 7/24 about the Deputy District Attorney Whitney Timm's motion to file an amended complaint. A hearing on that motion was scheduled for this morning. On 7/25, there was a shortage of court reporters, and proceedings were recorded electronically. Ms. Meagan O'Connell objection was overruled by Judge Steven Steward. On 7/26, DA Investigator Greg Hill was designated as investigating officer for People. There was also discussion regarding chain of custody of the Fortuna High school documents requested by defense & rulings on motions in limine.

The motion to amend was granted in part. The original complaint had 5 counts. See 7/29 minutes and Judge Steward's ruling about the original Count 3. Complaint was renumbered. Landergen is charged with 4 counts. Count 1 is PC 243 (e) (1) sexual battery; alleged victim Jane Doe 1. Count 2 is PC 243 (e) (1) alleged victim Jane Doe 2. Count 3 is PC 647.6 (a) (1) child molesting (originally Count 4) and Count 4 (originally Count 5) PC647.6 (a) (1) child molesting.

Jury selection started today with the first panel of jurors.

"I am relieved that both were found not guilty on attempted murder. I feel strongly that is the correct finding. I thought there was a better than even chance they would be found not guilty on all charges."

Jury deliberations are over. There was a mixed verdict. I mentioned that possibility early on in the trial. Miguel Moreno and Ruben Ramirez are scheduled to be sentenced on 10/18. A lot could happen between now and then with defense or DA filings.

I had mentioned I had spoken with jurors. There were jurors who deliberated, others who were excused for various reasons. I am not going to mention which one maintaining the confidentiality and anonymity of the juror. This is an exclusive. I had a series of conversations with one juror. These are some insights.

Maria Cuevas' arraignment and confirmation of counsel was calendared in front of Judge Steven Steward because the Public Defender's office was appointed. After ousted former judge, now lawyer Gregory Kreis was appointed on 7/10, the entire Humboldt bench filed a recusal. Kreis has conflicts and he should never have been appointed. If you read the previous posts; you know why. Records have been subpoenaed from St. Joseph's Hospital.

Convicted felon Daniel Fidler was arrested by HCSO in November 2023. He was most recently arrested on June 30, 2024 by the Fortuna Police Department the Fortuna Police Department on a bench warrant for two old charges including kidnapping and 17 new charges.

Fidler retained Ms. Andrea Sullivan. He was originally arraigned on 13 counts with cases merged from four different law enforcement agencies: EPD, HCSO, FPD and CHP. Fidler was on no bail status. In prior coverage, I reported that the DA's motion for first and second amend complaint was granted. I also reported that defense request for supervised release or release to a treatment facility were denied.

Fidler is now charged with 20 counts and a special allegation regarding prior convictions of serious and violent felonies . Preliminary hearing is on 8/27. Deputy District Attorney Candace Myers is the prosecutor.

Is the DA overcharging as usual? Based on several trial losses, mixed verdicts, pleas, that does seem to be the case. Time will tell if they can get a conviction on all these charges or this will result in a plea with several charges dismissed.

Two HCSO vehicles with sirens and lights sped by on Myrtle just now

At 5:50, one HCSO vehicle with sirens and lights flashing sped by near 1400 block of Myrtle. At 5:52, another HCSO vehicle. At 5:56 Humboldt Bay Fire truck.

Brandon Watson back in Humboldt to be resentenced

(2024)

Brandon Matthew Watson was transferred from High Desert State prison and booked into Humboldt County jail yesterday for a court hearing this morning on his 2018 Humboldt case. That hearing was on for resentencing. It was continued to 7/29 by defense so Ms. Andrea Sullivan could meet with Watson.

Alan Bongio for HCSD? Mike Munson for Eureka Ward 4?

(Humboldt County Office of Elections)

Checked with Eureka City Assistant Manager and Clerk Pam Powell yesterday and 10 days later, Eureka City Councilmember Kati Moulton is the only one who has pulled paperwork and announcef she is running for re-election.

There are rumors circulating but nothing confirmed that Citizens for a Better Eureka's Mike Munson may run for Ward 4.

I just spoke with Humboldt County Clerk, Recorder and Registrar of Voters Juan Cervantes and confirmed that Alan Bongio picked up paperwork for Humboldt County Community Services District. There are three seats.

Bongio is a former Humboldt County Planning Commissioner who was censured by the Board of Supervisors and resigned. If Bongio runs, will First District Supervisor Rex Bohn be his first good ole Humboldt boy endorsement? I am not going to link all my posts on Bongio or related posts but here is a screenshot of the last one I did that has links to other posts. Looks like he fixed his license after my 2022 post.

Lee, you are not special. Other victims have gone through what you have. Did you register for victim notification? There is a protective order in place. Stop acting like you are more in danger than hundreds of others who face the same situation you do except they have less money and aren't a part of the Humboldt cabal. Has Daniel Epperson violated his protective order? If he had, Epperson would have been arrested. Stop whining because you feel entitled to special treatment. How often are you in Humboldt these days? You and your family have many out of county options that most people don't. I am sure a property manager can collect rental money for you and your wife.

The Humboldt County Coroner’s Office has confirmed the identities of two deceased individuals following the fatal plane crash that took place near the Kneeland Airport around 11:15 a.m. on Tuesday, July 23.

In 2016, I wrote about Eureka Natural Foods owner Rick Littlefield who got SWAP and probation for his 5th DUI. Of course,no one else covered that and Rick has expressed his displeasure to me in person, angrily at the courthouse and walked away when he could not intimidate me. He isn't the only good ole Humboldt boy or gal who has done that from the local left or right.

I have reported on similar lawsuits about other local businesses, again not reported by other media but this is the first case I covered where PAGA was mentioned. On 7/22, I saw a calendar listing for a 2023 case filed by Connie Parks vs Northwest Investment Co. with Eureka Natural Foods also listed as defendant.

Steven George Edwards was arrested yesterday by Rio Dell Police Department Corporal Crystal Landry for two counts of PC 288(a) lewd or lascivious acts with a minor under the age of 14. Google search shows Edwards was arrested in June 2024.

U.S. Court News just released these statistics and information.

"Personal and business bankruptcy filings rose 16.2 percent in the twelve-month period ending June 30, 2024, compared with the previous year. "

Broderick Brown was arrested by CalPoly Humboldt police in May, this was a month after he filed a civil lawsuit against them

I covered Broderick Brown's criminal case. He was arrested in May by Cal Poly Humboldt Police for burglary and stalking. DA also added a trespass charge. He was found not competent to stand trial. Court records show admission into the JBCT program filed 7/19. Confirmation of transport scheduled on 7/30 was vacated. Brown has a review hearing on 9/9/24. According to court records, Brown is in custody at the Humboldt jail. On 7/24, it will be 80 days.

I was checking on Brown's criminal case today and found a civil lawsuit he filed against the CalPoly Police Humboldt in April 2024. Nothing has happened yet because HCSO failed to serve a fellow, local law enforcement agency. There is a case management conference on 8/5/24. Brown is in custody, pro per.

KRCR reporter Adelmi Ysita was arraigned this morning in her DUI case. Conflict Counsel's office was appointed by Judge Lawrence Killoran. She is charged with VC 23152 (a) andVC 23152(b) BAC over the legal limit.

(Pool)

(Boone)

HCDTF issued two press releases. One convicted felon, Dustin Pool, was not on scene. Agents found heroin, cocaine & guns. Another convicted felon out on bail, Albert Boone, arrested for possession of meth, fentanyl, cocaine and firearm charges. I have posted about Boone before.

Even if charges are filed, arrests like this are dime a dozen & drug cases are not worth my time. There are hardly consequences. When HCDTF stops using those low on the totem pole to justify their existence and starts focusing on making a dent in the supply of drugs that will make difference, I will cover those arrests.

Jose Antonio Cruz Jr aka Jose Cruz was arrested by HCSO on August 23, 2024. The criminal threats, kidnapping and domestic abuse suspect has various aliases. In that original post, I listed many details and his court record. Since then there have been various continuances. When he was arrested, he was 20 years old. His 21st birthday was in June 2024.

On 7/18, I am glad Judge Kaleb Cockrum denied yet another continuance by Mr. Mario Tafur. It was a two day preliminary hearing.

When you read the court minutes and see the exhibits and photo evidence which includes details of bruising, text messages including graphic, violent threats, it is no surprise that Judge Cockrum held Cruz to answer on all 12 counts and all special allegations.

Another new owner at another existing business on 5th street

(The Hood 621 5th street)

(619 5th street)

(sign outside 619 5th Street)

Open Corporates lists Christine Silver, current owner of The Hood, as agent for Good Food, LLC.

When the former location was The Banana Hut, they wanted to expand.

I have reached out to Ms. Candy Caballero-Smith who works in City of Eureka's Finance Department about this location and Roy Gomez' former business on 5th street which is reopening under new ownership.

Remember what I said in a previous post that this case would most likely result in a hung jury or mixed verdict?

Jurors in Fortuna attempted murder case sent a note to Retired Judge Christopher Wilson that they had reached verdicts. Then they said mixed verdicts, then they said deadlocked. Hearing that additional time may assist them in reaching verdicts, jurors asked to return this morning. Judge and attorneys then discussed procedure to move forward.

When you read the 7/22 court minutes, you will see there are more details in the above paragraph which are more complete & accurate than the summation in the minutes. Different clerk on 7/22 & 7/23 and you can tell the difference. The clerk on 7/23 had detailed minutes up shortly after verdict today. She is also the one who had her minutes in this very case up regularly.

Both not guilty on atempted murder, guilty of assault with a deadly weapon. Ramirez also guilty of special allegations. Sentencing is scheduled for 10/18/24.

Again, a win for the defense. Now that a verdict is in, jurors have been excused, if one of the jurors gives me permission, I will add a brief statement.

Google the difference in sentencing between the not guilty, guilty counts. I am sure defense will argue regarding the special allegations.

Forcible rape suspect trial to include testimony from defense expert and witnesses out of the area

Forcible rape suspect Hudson Jack's 2022 case was going to include testimony from defense expert and witnesses out of the area. Time estimate for the trial was 3 weeks and it was assigned to Judge Kaleb Cockrum.

Instead Hudson resolved his case today. Hudson's plea is conditional, pleaded guilty to lesser charge Count 5 PC 236 false imprisonment as a felony and Count 6 PC 289 (e) as a misdemeanor. Rest of the charges dismissed. Agreement is no additional jail time and registration as a sex offender for 10 years. Sentencing is on 8/20.

On 7/19, at trial assignment, convicted felon and attempted murder suspect James Atkin's jury trial supposed to start today, is scheduled to begin tomorrow. It was assigned to Retired Judge John Feeney.

Deputy District Attorney Roger Rees and Ms. Andrea Sullivan just concluded the Jorge Anaya trial and will face off again in Round 2. If you read my Anaya post, Round 1 Sullivan prevailed.

On 7/23, Atkins addressed Judge Feeney. He was admonished. Atkins then had to be removed from the courtroom. At 2:12, Judge Feeney asked to speak with attorneys in a closed courtroom. Mr. Rees was in court; Ms. Sullivan appeared via Zoom. I was outside the courtroom, checking e court when this happened.

On 7/24, court unable to secure adequate number of jurors and trial was continued. Trial confirmation on 8/26; jury trial on 9/23. Atkins says he has hired an attorney from LA. Dates could change, again, with a new attorney. If this case, goes to trial, maybe we will get more details about the kill zone theory filed by the DA.

On July 19, 2024, at approximately 11:40 PM, the CHP Humboldt Communication Center (HCC) received a call of a vehicle versus pedestrian traffic crash on SR-96, west of Shoemaker Road.

15 witnesses or more are expected to testify in alleged molestor Gary Landergen's trial. I doubt the time estimate of three weeks given motions in limine, jury selection before evidence can be presented. At trial assignment on 7/19, it is trailing. If it proceeds and is assigned today, Landergen was ordered to appear in person at 1:30.

As of 8:30 morning, there was no resolution. In the afternoon, Landergen trial assigned to Courtroom 3.

Witness confirmation is scheduled for 8/1. Deputy District Attorney Whitney Timm is the prosecutor. Conflict Counsel Supervising Attorney Meagan O'Connell is Landergen's attorney.

I previously reported Landergen is no longer living in Humboldt. If you did not read my regular coverage of the case and detailed posts on the preliminary hearing, links to prior coverage have been provided.

On 7/23, individual jurors are being questioned. Landergen has been sitting outside by himself all day. People restate offer to plead guilty to two counts of PC 273 (a) (b) child abuse/endangerment no registration. Offer rejected by Landergen. 7/6/24 afternoon trial will be "dark."

Ryan Ray arrested by Fortuna PD for misdemeanor DUI and released on OR

43 year old Ryan Ray was arrested by Fortuna Police Department yesterday for VC 23152 (a) and VC 23152(b). The jail log doesn't list Sr or Jr so I had no idea if this is the same Yurok Tribe's Ryan Ray, Sr.

Someone who knows Ray contacted me after the post was published and confirmed the dob which matched what is listed on the jail log.

These are misdemeanor charges. Ray was released on O.R. after he "sobered up." The charges do not indicate a hit and run or any alleged victim or damage. DUIs are very frequent in Humboldt. Ray has no record in Humboldt Superior Court. He is out of custody, and if the DA files charges, it maybe a while.

The Yurok Tribe needs to elect better leaders who don't end up getting arrested and having court cases. Just this year, only I have reported on Javier Kinney, John Provolt and Raymond Bacon.

Two days later, James Boone arrested for criminal threats, assault with a deadly weapon and stalking

James Lee Boone who was just arrested by Arcata Police on 7/18 was arrested again by Eureka Police Department yesterday evening and booked on three felonies for PC 422 (a) criminal threats, PC 245 (a) (1) assault with a deadly weapon and PC 646.9(a) stalking.

Daniella Moore could have been in prison and never met Hannah, EPD text scandal 2?

(Moore)

Hannah Hayhurst could have been spared a brutal death had her murderer Daniella Moore not avoided arrest before.

I have been very fortunate not to get a lot of spam and I am very careful of my online security. The rare time I have had an issue was once after using my card in Old Town and I was able to take care of it by calling my bank and grateful for their security procedures and alerts.

On July 17, I got one spam call about this journalism program. I ignored it and they keep calling. It is annoying but not as concerning as the email from a local business. Around the same time, I got an email from Los Bagels, it is their office email saying verify your account. If this isnt you, contact us. No phone number and the Arcata address.

I haven't been to Los Bagels in years and the last time I was in Arcata briefly was over a year ago. I emailed no response. I called the Arcata store & the guy who answered the phone didn't even know the email or phone number for the office and didn't think it was a big deal. I tried calling their office number, got a strange message. Emailed accounting. No response and it has been 4 days. My yahoo email is public and that is not the email for the Los Bagels debacle. Finally heard from Los Bagels on 7/23 which is three days after this post was published and a week from my original email.

Jul 19, 2024

Cause of encampment fire on V street is undetermined

On 7/19/2024 at approximately 1:13p.m. Humboldt Bay Fire responded to the report of a vegetation fire at the 400 block of V Street in the brush between Fourth and Fifth Streets.

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